What is an Atwell Suites franchisee's responsibility regarding privacy laws applicable to their business?
Atwell_Suites Franchise · 2025 FDDAnswer from 2025 FDD Document
ant to this License, as well as any other reports, data, information or material provided to IHG pursuant to or in connection with this License, shall be true and correct and not misleading and shall comply with all Standards, policies and requirements of IHG with respect to privacy and security of Operating Data and Guest Data of the Hotel. Licensee acknowledges and agrees that IHG may retrieve Operating Data, Guest Data, and Licensee Personal Data directly through the reservations system, via electronic transmission or automatic capture.
- (5) Data Privacy Laws. Licensee will: (i) comply with all applicable Data Privacy Laws; (ii) comply with all of IHG's requirements regarding data protection contained in the Standards or otherwise; (iii) refrain from any action or inaction that could cause IHG or its Affiliates to breach any of the Data Protection Laws; (iv) do and execute, or arrange to be done and executed, each act, document and thing necessary or desirable to keep IHG in compliance with any of the Data Protection Laws; (v) reimburse IHG for any and all costs incurred in connection with the breach by Licensee of such Data Privacy Laws or Brand Standards; (vi) immediately report to IHG the theft or loss of Personal Data or Guest Data; and (vii) permit IHG and its Affiliates to use any data or other information each of them gathers concerning Licensee, its Affiliates and/or the Hotel in connection with the establishment and operation of Brand System Hotels by IHG and its Affiliates. Licensee will implement commercially reasonable physical, administrative, and technical security controls for its processing of IHG Personal Data that are appropriate to the context and the risk of the Personal Data being processed.
B. Preparation and Maintenance of Records.
Licensee will, in a manner and form satisfactory to IHG and utilizing accounting and reporting standards as reasonably required by IHG, prepare on a current basis (and preserve for no less than four years or IHG's record retention requirements, whichever is longer), complete and accurate records concerning Gross Suites Revenue and all financial, operating, marketing and other aspects of the Hotel. Licensee will maintain an accounting system which fully and accurately reflects all financial aspects of the Hotel and its business.
Source: Item 23 — Receipts (FDD pages 99–486)
What This Means (2025 FDD)
According to Atwell Suites' 2025 Franchise Disclosure Document, franchisees must adhere to all relevant data privacy regulations. This includes complying with all of IHG's (InterContinental Hotels Group) data protection requirements as outlined in the brand standards. Franchisees must avoid any actions that could cause IHG or its affiliates to violate data protection laws. They are also required to take necessary actions to ensure IHG remains compliant with these laws.
An Atwell Suites franchisee is obligated to reimburse IHG for any costs incurred due to the franchisee's breach of data privacy laws or brand standards. They must immediately report any theft or loss of personal or guest data to IHG. Furthermore, franchisees must allow IHG and its affiliates to use any data they gather concerning the franchisee, its affiliates, and/or the hotel in connection with the establishment and operation of Brand System Hotels.
To protect IHG personal data, Atwell Suites franchisees must implement commercially reasonable physical, administrative, and technical security controls appropriate to the context and risk of the data being processed. Additionally, franchisees must ensure their agents comply with all applicable laws, including data privacy laws, contractual obligations, and credit card processing industry requirements like PCI DSS. They must also adhere to all standards, IHG policies, requirements, and requests concerning access to any Curated Solution, network connectivity, and transmission of data and reports to IHG and its Affiliates. Franchisees are responsible for ensuring adequate security and backup procedures to prevent unauthorized access, use, or loss of data, determining appropriate security measures that are no less than the minimum requirements outlined by IHG.